Notice2026-00589
Information Collection Requirement; Defense Federal Acquisition Regulation Supplement; Rights in Technical Data and Computer Software
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 14, 2026
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
In compliance with the Paperwork Reduction Act of 1995, DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; the accuracy of DoD's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection for use under Control Number 0704- 0369 through January 31, 2026. DoD proposes that OMB approve an extension of the information collection requirement, to expire three years after the approval date.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 9 (Wednesday, January 14, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 9 (Wednesday, January 14, 2026)]
[Notices]
[Pages 1510-1511]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00589]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2026-0002; OMB Control Number 0704-0369]
Information Collection Requirement; Defense Federal Acquisition
Regulation Supplement; Rights in Technical Data and Computer Software
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice and request for comments regarding a proposed extension
of an approved information collection requirement.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995, DoD
announces the proposed extension of a public information collection
requirement and seeks public comment on the provisions thereof. DoD
invites comments on: whether the proposed
[[Page 1511]]
collection of information is necessary for the proper performance of
the functions of DoD, including whether the information will have
practical utility; the accuracy of DoD's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility,
and clarity of the information to be collected; and ways to minimize
the burden of the information collection on respondents, including
through the use of automated collection techniques or other forms of
information technology. The Office of Management and Budget (OMB) has
approved this information collection for use under Control Number 0704-
0369 through January 31, 2026. DoD proposes that OMB approve an
extension of the information collection requirement, to expire three
years after the approval date.
DATES: DoD will consider all comments received by March 16, 2026.
ADDRESSES: You may submit comments, identified by OMB Control Number
0704-0369, using either of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#244b57400a40424556576449454d480a494d48"><span class="__cf_email__" data-cfemail="f59a8691db9193948786b598949c99db989c99">[email protected]</span></a>. Include OMB Control Number
0704-0369 in the subject line of the message.
Comments received generally will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. David Johnson, at 202-913-5764.
SUPPLEMENTARY INFORMATION:
Title and OMB Number: Defense Federal Acquisition Regulation
Supplement (DFARS) Subpart 227.71, Rights in Technical Data, and
Subpart 227.72, Rights in Computer Software and Computer Software
Documentation, and related provisions and clauses of the Defense
Federal Acquisition Regulation Supplement (DFARS); OMB Control Number
0704-0369.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Number of Respondents: 75,250.
Responses per Respondent: approximately 6.
Annual Responses: 378,035.
Average Burden per Response: approximately 1 hour.
Annual Burden Hours: 454,899.
Needs and Uses: DFARS subparts 227.71 and 227.72 prescribe the use
of solicitation provisions and contract clauses containing information
collection requirements that are associated with rights in technical
data and computer software. DoD needs this information to implement 10
U.S.C. 3771-3775, Rights in technical data, and 10 U.S.C. 3781-3786,
Validation of proprietary data restrictions. DoD uses the information
to recognize and protect contractor rights in technical data and
computer software that are associated with privately funded
developments; and to ensure that technical data delivered under a
contract are complete and accurate and satisfy contract requirements.
DoD uses the following DFARS provisions and clauses in
solicitations and contracts to require offerors and contractors to
identify and mark data or software requiring protection from
unauthorized use, release, or disclosure in accordance with 10 U.S.C.
3771-3775:
252.227-7013, Rights in Technical Data--Other Than Commercial
Products and Commercial Services.
252.227-7014, Rights in Other Than Commercial Computer Software and
Other Than Commercial Computer Software Documentation.
252.227-7017, Identification and Assertion of Use, Release, or
Disclosure Restrictions.
252.227-7018, Rights in Other Than Commercial Technical Data and
Computer Software--Small Business Innovation Research Program and Small
Business Technology Transfer Program.
In accordance with 10 U.S.C. 3771(b)(4), DoD may disclose limited
rights data to persons outside the Government, or allow those persons
to use data with use, release, or disclosure restrictions, if the
recipient agrees not to further release, disclose, or use the data.
Therefore, the clause at DFARS 252.227-7013, Rights in Technical Data--
Other Than Commercial Products and Commercial Services, requires the
contractor to identify and mark data or software that it provides with
limited rights.
In accordance with 10 U.S.C. 3781(b), contractors and
subcontractors at any tier must be prepared to furnish written
justification for any asserted restriction on the Government's rights
to use or release data. The following DFARS clauses require contractors
and subcontractors to maintain adequate records and procedures to
justify any asserted restrictions:
252.227-7019, Validation of Asserted Restrictions--Computer
Software.
252.227-7037, Validation of Restrictive Markings on Technical Data.
In accordance with 10 U.S.C. 3771(b)(2), DoD must protect the
rights of contractors that have developed items, components, or
processes exclusively at private expense. Therefore, the clause at
DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends, requires a
contractor or subcontractor to submit a use and non-disclosure
agreement when it obtains data from the Government to which the
Government has less than unlimited rights. In addition, DFARS 227.7103-
7, Use and non-disclosure agreement, requires intended recipients of
technical data or computer software delivered to the Government with
restrictions on use, modification, reproduction, release, performance,
display, or disclosure, to sign the use and non-disclosure agreement at
227.7103-7(c) prior to release or disclosure of the data, unless the
recipient is a Government contractor that requires access to a third
parties data or software for the performance of a Government contract
that contains the clause at 252.227-7025, Limitations on Use or
Disclosure of Government-Furnished Information Marked with Restrictive
Legends. According to 10 U.S.C. 3771(b)(4), DoD may disclose limited
rights data to persons outside the Government, or allow those persons
to use limited rights data, if the recipient agrees not to further use,
release, or disclose the data.
The provision at DFARS 252.227-7028, Technical Data or Computer
Software Previously Delivered to the Government, requires an offeror to
identify any technical data or computer software that it previously
delivered, or will deliver, under any Government contract. DoD needs
this information to avoid paying for rights in technical data or
computer software that the Government already owns.
Kimberly R. Ziegler,
Editor/Publisher, Defense Acquisition Regulations System.
[FR Doc. 2026-00589 Filed 1-13-26; 8:45 am]
BILLING CODE 6001-FR-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 14, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.